City of Canning sues firms over design claims for leisure centre

EXCLUSIVE, Shannon HamptonThe West Australian

Saturday, 11 August 2018 2:00AM

Camera IconThe City of Canning is suing two companies behind its multimillion-dollar leisure centre in Cannington, alleging they made “misleading or deceptive” claims about features of its design.Picture: Christou

City of Canning is suing two companies behind its multimillion-dollar leisure centre in Cannington, alleging they made “misleading or deceptive” claims about ecologically sustainable features of the building’s design.

A writ lodged in the Supreme Court alleges architecture and design company Christou Nominees and engineering firm Aecom Australia breached their “duty of care” to the City by failing to design its multi-purpose leisure and community facility with “reasonable care and skill”.

The $37 million Cannington Leisureplex — opened in 2012 — boasted some of the most “ecological sustainable development initiatives” in the country and its designers claimed it was the first building of its kind to achieve a Green Building Council of Australia six-star rating.

Some of the building’s innovative features included grey wastewater recycling and a deep geothermal bore used to heat the centre’s pool water and air through a heat exchanger.

At the time, Christou said the design would save energy and costs for heating and cooling the complex.

Camera IconClaims about the centre have now been thrown into question.Picture: Christou

But those claims have now been thrown into question, with the City’s lawyers alleging Christou and Aecom engaged in “misleading or deceptive conduct” when it “made representations as to ... the ecologically sustainable development aspects of the design”.

The writ alleges those false claims extend to the “green star rating which could be achieved by the design” and the “effect of the mechanical heating and cooling services in the design, when those representations were misleading or deceptive contrary to the Trade Practices Act 1997 ... or the Competition and Consumer Act 2010”.

According to the writ, the City is seeking damages or “equitable compensation” for a “breach by (Christou) of its “fiduciary duties” — but the exact figure has not been claimed.

Canning council is also seeking costs, interest and indemnity costs from both companies.

The council would not comment on the case and attempts to contact Christou’s lawyers were unsuccessful.

Aecom also said it could not comment while the case was before the court.